Will the police inspector arrested for rape, possibly also later kidnapping and extortion, of 2 Mongolian women end up being prosecuted, charged and tried? OR will he escape, as there are no more WITNESSES as the victims and/or witnesses may soon be deported from Malaysia back to Mongolia, and as such, it will difficult to even charge the alleged perpetrator - or even successful prosecute and try him in court - for lack of available witnesses, including the victims.
A police inspector has been arrested for allegedly raping two Mongolian women aged 20 and 37 years old after he stopped them at a movement control order (MCO) roadblock here. ...the two women claimed that they were stopped at a roadblock in the district while they were on their way home in a car they hired through the e-hailing app Grab.Upon finding out that the two victims had no valid travel documents on them, the inspector reportedly took advantage of the situation and forcefully took them to a nearby hotel where he allegedly raped them.
What happened to the 2 victims? Well, they are being detained. '... the two victims have been sent for a medical examination and will be placed under an interim protection order (IPO).' This is what usually happens to alleged victims of human trafficking.
Well, then there were 3 women witnesses - and they too are now being detained under an interim protection order (IPO)...
...on April 10, the police arrived at the scene and asked the three women to go to a police station to lodge a police report over the incident, which they did and returned home afterwards.It was on April 11 when the police went to the three women’s house and arrested them, Three Mongolian women have been detained after they lodged a police report in relation to the alleged rape of two fellow female nationals by a police inspector,...According to the lawyer, the three women were the ones who raised the alarm over the alleged rape of the other two Mongolian nationals by a police inspector...Court today allowed an application by the police for a 21-day interim protection order against the trio as part of an investigation into human trafficking.
In cases where migrant workers are the victims and/or essential witnesses, a lot of perpetrators of crime so easily escape JUSTICE simply because the important witnesses are no longer in Malaysia, and the State do not have the necessary resources to bring back these witnesses for the trial.
As it is, in this case, police have already put the 2 alleged victims, and now 3 other potential witnesses under 'Interim Protection Orders' - they are being treated as victims of human trafficking.
Now, the 2 victims and these 3 women(possible witnesses), are all in detention under 'a 21-day interim protection order', most likely under the anti-human trafficking law...
The 5 Mongolian women are apparently 'undocumented migrants' - and now the law is treating them as 'human trafficking victims'..
In our law, foreign human trafficking victims, who are foreign nationals, are 'detained' under protection orders, to facilitate investigations' and after that, then they will be deported back to their country of origin ...
The interim protection order can last for 21 days, and thereafter, the courts, if convinced that the person is a trafficked person, can place him/her under a Protection Order, which currently the law limits to 3 months - thereafter, the undocumented migrant will be handed over to Immigration Department ...to process and usually deport back, just like any other undocumented migrant..
However, there is an OPTION - that will allow them to live and work legally until the end of the trial - Anti-Trafficking In Persons And Anti-Smuggling Of Migrants (Permission To Move Freely And To Work) (Foreign National) Regulations 2016. Here, they can all not only be released immediately to be able to move around freely - but also possible for them to also be able to work for at least 3 years..
44 Taking a person into temporary custody
(1) An enforcement officer may, on reasonable suspicion that any person who is found or rescued is a trafficked person, take that person into temporary custody and produce him before a Magistrate within twenty-four hours, exclusive of the time necessary for the journey to the Magistrate's Court, for the purpose of obtaining an interim protection order.
(2) The Magistrate shall make an interim protection order for the person to be placed at a place of refuge for a period of twenty-one days for the purpose of carrying out an investigation and enquiry under section 51.(3) The enforcement officer shall, upon obtaining the order issued under subsection (2), surrender the trafficked person to a Protection Officer to place that trafficked person at the place of refuge specified in the order.
51 Investigation, enquiry and Protection Order(1) Where an interim protection order is made under subsection 44(2), within twenty-one days from the date of such order-
(a) an enforcement officer shall investigate into the circumstances of the person's case for the purpose of determining whether the person is a trafficked person under this Act; and(2) Upon completion of the investigation and enquiry under subsection (1), the enforcement officer and the Protection Officer shall jointly prepare a report and produce the report together with the person before a Magistrate's Court for the purpose of satisfying the Magistrate that such person is a trafficked person under this Act.
(b) a Protection Officer shall enquire into the background of that person.
(3) Where the Magistrate, having read the report produced under subsection (2), is satisfied that the person brought before him-
(a) is a trafficked person and in need of care and protection, the Magistrate may make a Protection Order-(4) The Magistrate may at any time, on the application of an enforcement officer or a Protection Officer, as the case may be, extend or revoke the Protection Order made under this section.
(b) is not a trafficked person, the Magistrate may-(i) in the case of a trafficked person who is a citizen or permanent resident of Malaysia, ordering that such trafficked person be placed in a place of refuge for a period not exceeding three months from the date of the order; or
(ii) in the case of a trafficked person who is a foreign national, ordering that such trafficked person be placed in a place of refuge for a period not exceeding three months from the date of the order, and thereafter to release him to an immigration officer for necessary action in accordance with the provisions of the Immigration Act 1959/63,
(i) in the case of a person who is a citizen or permanent resident of Malaysia, order that person to be released; or
(ii) in the case of a person who is a foreign national, order that person to be released to an immigration officer for necessary action in accordance with the provisions of the Immigration Act 1959/63.
(5) Notwithstanding subsection (4), where the trafficked person is a foreign national, an extension of the Protection Order may be granted only for the purpose of completing the recording of his evidence under section 52 or for any exceptional circumstances as determined by the Magistrate.
(6) Nothing in this section shall prejudice any prosecution of an act of trafficking in persons under this Act.
51A Permission to move freely and to work
(1) Subject to any regulations made under section 66, any person to whom an interim protection order has been granted, or any trafficked person to whom a Protection Order has been granted, may be given permission by the Council-
(a) to move freely; or(2) A foreign national who is granted permission to work under subsection (1) shall be subject to any restrictions and conditions as may be imposed by the relevant authorities relating to employment of foreign nationals in Malaysia.
(b) to be employed, engaged or contracted with to carry out work in any occupation during the period of the interim protection order or Protection Order, as the case may be.
52 Recording of evidence of trafficked person
(1) Where a criminal prosecution has been instituted against any person for an offence under this Act, the Public Prosecutor may make an oral application for the production of the trafficked person before a Sessions Court before which the criminal prosecution has been instituted for the purpose of recording that trafficked person's evidence on oath.
(2) The Sessions Court Judge may, upon such application, issue a summons or order directed to the person in charge of the place of refuge where such trafficked person is placed, or to the enforcement officer who is investigating the circumstances of the case of a trafficked person, requiring him to produce the trafficked person at the time and place specified in the summons or order.
(3) The Sessions Court Judge shall record the evidence of the trafficked person and complete such recording within seven days from the date of the production of that trafficked person before him.
(4) In the course of the recording of evidence of the trafficked person, he shall be examined in accordance with the provisions of the Evidence Act 1950.
(5) The Sessions Court Judge shall cause the evidence taken by him to be reduced into writing and, at the end of that writing, shall sign the same.
(6) Notwithstanding anything contained in this Act or any other written laws to the contrary, the evidence recorded under this section shall be admissible in evidence in any proceedings under this Act and the weight to be attached to such evidence shall be the same as that of a witness who appears and gives evidence in the course of a proceeding.
Anti-Trafficking In Persons And Anti-Smuggling Of Migrants (Permission To Move Freely And To Work) (Foreign National) Regulations 2016
3 Permission to move freely
(1) The Council may grant permission to move freely to any foreign person to whom an interim protection order has been granted or any foreign trafficked person to whom a Protection Order has been granted subject to the following conditions:
(a) an expert risk assessment report of the physical health, psychosocial condition and security of such foreign person or foreign trafficked person is submitted for the consideration of the Council;(2) Any foreign person or foreign trafficked person who has been granted the permission to move freely under subregulation (1) shall fulfill all the conditions of the permission of the Council.
(b) the Council is satisfied with the expert risk assessment report; and
(c) the permission to move freely for such foreign person or foreign trafficked person shall be subject to the conditions as the Council deems necessary for the security and well-being of such foreign person or the foreign trafficked person.
(3) Any foreign person or foreign trafficked person denied the permission to move freely may apply for reconsideration by the Council.
4 Special Pass
(1) The Secretary of the Council shall submit an application to the Controller to obtain a Special Pass for any foreign person or foreign trafficked person who has been granted the permission to move freely by the Council.
(2) The Controller shall issue the Special Pass pursuant to regulation 14 of the Immigration Regulations 1963 to any foreign person or foreign trafficked person to move freely.
5 Permission to work
(1) The Council may grant permission to work to any foreign person or foreign trafficked person who has been granted the permission to move freely under subregulation 3(1) subject to any restrictions and conditions as may be imposed by the relevant authorities relating to employment of foreign nationals in Malaysia.
(2) The employer of any foreign person or foreign trafficked person who has been granted the permission to work shall apply for a Visit Pass (Temporary Employment) from the Immigration Department.
(3) Upon the approval of the Visit Pass (Temporary Employment) by the Immigration Department, an enforcement officer or the Protection Officer, as the case may be, shall inform the Magistrate to revoke the interim protection order of the foreign person or the Protection Order of the foreign trafficked person, as the case may be.
6 Period of permission to work
The period of permission to work given to the person or trafficked person who has been granted permission to work under subregulation 5(1) shall not exceed three years and subject to any restrictions and conditions as may be imposed by the relevant authorities relating to employment of foreign nationals in Malaysia.
See earlier related post:-
Malaysia's Anti-Trafficking Act will cause injustice to workers...especially migrant workers
3 Mongolian women detained after reporting cop for alleged rape of 2 others
Modified 7:39 am
Three
Mongolian women have been detained after they lodged a police report in
relation to the alleged rape of two fellow female nationals by a police
inspector, said their counsel Mathew Thomas Philip.
Speaking to Malaysiakini today,
the lawyer confirmed that the Mongolian Consulate hired his legal firm
Thomas Philip (Advocates and Solicitors) and that they will be filing an
application to release the three Mongolian women.
According to
the lawyer, the three women were the ones who raised the alarm over the
alleged rape of the other two Mongolian nationals by a police inspector.
It
was reported that on April 11, the police arrested an inspector over
the suspected rape of two Mongolian women. The police officer was detained at a movement control order (MCO) roadblock in Petaling Jaya.
Philip
said the Petaling Jaya Magistrate’s Court today allowed an application
by the police for a 21-day interim protection order against the trio as
part of an investigation into human trafficking.
The lawyer said
his legal team will be filing an application this week to set aside the
interim protection order, which restricted the three women’s movements
as they would be confined to a safehouse.
He said the Mongolian
Consulate was shocked at the detention of the three women, adding that
the interim protection order application by the police was made for them
to investigate human trafficking, when in fact the trio had lodged a
police report over the alleged rape of the two other Mongolian women.
“We
have instructions to (file an application to) set aside the interim
protection order. The (Mongolian) Consulate was shocked at what happened
to the three women.
“Today, we initially thought we were going to
the (Magistrate’s) Court because of an interim protection order related
to the rape (investigation).
"But suddenly, we were told that the interim protection order was for (police investigation into) human trafficking.
“It
was just a case of the three women going to help (the Mongolian
victims) and suddenly they found themselves under the interim protection
order.
“The Mongolian Consulate said the three women need not be
under the interim protection order in relation to human trafficking,” he
said, adding that the police claimed that the three women are
considered victims in the human trafficking case.
He said that
his lawyers during today’s proceedings had raised an objection to the
interim order application as being baseless, because the root matter is
the alleged rape of the other two Mongolian women by the police
inspector, with no element of human trafficking.
Philip
claimed that the two victims were allegedly kidnapped at a police
roadblock on April 9, then on April 10 the three women texted in a group
chat seeking help and subsequently contacted the police.
The
lawyer explained that on April 10, the police arrived at the scene and
asked the three women to go to a police station to lodge a police report
over the incident, which they did and returned home afterwards.
It was on April 11 when the police went to the three women’s house and arrested them, he said.
“The
three women do not feel the interim protection order is necessary for
protection. They just want to go home (to Mongolia) and for the
Consulate to ensure their safety,” he said.
Philip added that the
matter has been exacerbated by the three women’s complaint that their
personal information has somehow been leaked to social media following
their arrest.
“They are more fearful, they came to help the two
Mongolian women and then they get put under an interim protection order
and then the information on their smartphones were released.
“Some
photos of them at the police station were circulated on social media.
They are asking how that could have happened,” Philip said. - Malaysiakini, 14/4/2020
Police inspector arrested for alleged rape of two Mongolian women after they were stopped at MCO roadblock in PJ
PETALING JAYA, April 12 — A police inspector has been arrested for
allegedly raping two Mongolian women aged 20 and 37 years old after he
stopped them at a movement control order (MCO) roadblock here.
In the Friday night incident, the two women claimed that they were
stopped at a roadblock in the district while they were on their way home
in a car they hired through the e-hailing app Grab.
Upon finding out that the two victims had no valid travel documents
on them, the inspector reportedly took advantage of the situation and
forcefully took them to a nearby hotel where he allegedly raped them.
Petaling Jaya Police chief ACP Nik Ezanee Mohd Faisal said, acting on
a tip-off, a police team led by PJ deputy police chief Supt Ku
Mashariman Ku Mahmood raided the boutique hotel and rescued the two
women.
“The police inspector aged 30 was arrested and has been remanded today for five days to facilitate investigations.
“The case is being investigated under Section 376(3) of the Penal
Code for rape,” he said during a press conference this afternoon.
Nik Ezanee said the police are also looking at other elements and may
bring up more charges against the suspect as the case may also be
possibly investigated for kidnap and extortion.
“Right now, there are elements of rape. We are also looking at other charges as well.
“The victims have no valid travel documents. There are possibilities
that the women are involved in the illicit sex trade but I want to make
it clear that, in this case, they are the victims,” he said.
Nik Ezanee said the suspect had kept the two women in the hotel room against their will.
It was learnt that the women were stopped at the roadblock at 8pm on
Friday and held in the hotel room for more than 24 hours before the
police team rescued them.
He said the two victims have been sent for a medical examination and will be placed under an interim protection order (IPO).
“The two women are unable to speak English or Malay so we had to use a translator who is a friend of the two victims,” he said.
A police forensic unit was sent to the hotel room where forensic investigations were carried out.
“I want to say that we view this case seriously. I am disappointed
with the action of the policeman who acted in his own capacity and we
will ensure that the stern action based on existing laws will be taken
against him,” he said. - Malay Mail, 12/4/2020
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